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francis lyngdoh   10 October 2019

Culpable homicide vs murder

What's is the main differences between these two (Culpable homicide and murder) ... Because while reading its difference I could not find out the real differences..


Learning

 2 Replies

LIYANA SHAJI   14 July 2020

Hello,

Section 299 of the IPC defines culpable homicide and the essentials of the same are:

  • Causing the death of a human being.
  • Death must have been caused by such an act.
  • The act must have been done.
  • With the intention of causing death or.
  • With the intention of causing such bodily injury as is likely to cause death or
  • With the knowledge that such an act of the doer is likely to cause the death of the person injured

Example: A lays sticks and turf over a pit, with the intention of causing death or with the knowledge that death is likely to be causes. Z believing the ground to be firm treads on it, falls in it and dies. Here A has committed culpable homicide.

Murder: Murder is an aggravated form of culpable homicide. Murder inccludes culpable homicide but culpable homicide does not include murder in all cases. In order for a culpable homicide to maount to murder it should fall under the four clauses mentioned under Section 300.

Examples:

A shoots Z with the intention of killing him. Z dies in the consequence. A commits murder

Exceptions:

1. Grave and sudden provocation

2. Self defence

3. Act of public servant

4. Without premeditation

Conclusion:

There is only a thin line of difference between the both. Culpable homicide is a wider term than murder.

 

Hope this clears your doubt.

Regards,

Liyana Shaji

 


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